October 5th, 2011
In Kansas, undocumented workers may be entitled to receive workers’ compensation. States such as Georgia, Ohio, Oklahoma and six other states have ordered that employees cannot be deprived of workman’s compensation just because they are undocumented or illegal workers. Some states go as far as to have laws that ensure the rights of undocumented workers. The court rules that these employees are covered by workman’s comp if they are hurt at work.
Kansas’s employers have been shocked to find that people they have hired were not truthful when filling out paperwork. Immigrant employees have been known to falsify I-9 documents. These false papers are usually discovered if or when an employee is hurt at work and file a claim for workman’s comp.
The documents are presented before the court and their legitimacy is questioned. Hiring undocumented workers knowingly is illegal. Many times that this happens because the documents are false, and employers are not aware of what they have done until it is too late. It is also illegal to continue to employee an illegal immigrant, so these people are let go.
According to the Fair labor Standards Act, these employees are still legally entitled to workman’s comp. Undocumented workers can also be entitled to receive back wages and overtime wages. Hiring undocumented working is something to be aware of and concerned about. Not everyone is honest and people need jobs. This can lead people to do things they would not normally do.
Over three million illegal immigrants are living in Texas and California alone. This is why employers need to arm themselves if this sort of workman’s comp case comes to be. Finding a lawyer that specializes in workman’s comp cases is one way to start.
It is extremely important to find the right lawyer for you. Michael R. Lawless, P.A., Attorney at Law is knowledgeable in workman’s comp cases as well as the laws that surround them. His law firm provides a free consultation, including evenings and weekends by appointment, at our Lenexa, Kansas or Grandview, Missouri offices.
The office in Lenexa is off of I-35 from 87th or 95th in Old Town at 93rd and Pflumm. The Grandview office is conveniently located at the main street exit off of 71 Highway, next to Captain D’s. To get started down the right track, you can call today at 1-800-734-3771, 913-681-5566 or 816-966-0099 to set up an appointment.
Tags: Kansas City Workman Compensation lawyer
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August 1st, 2011
Medical emergencies in the workplace are, unfortunately, relatively common. While many such accidents come about through worker error or dangerous procedures, many of these emergencies are unavoidable. If steps are taken to at least prevent the avoidable accidents, then the number of injuries in workplaces would certainly go down. Many accidents could be effectively avoided simply through adequate training for all employees.
Best Practices to Prevent Workplace Accidents
- First and foremost, workers and managers should take the time to adequately identify and eliminate all high risk activities. If people have been hurt in the past while climbing the shaky ladder in the basement to reach a box of envelopes, then that is obviously a high-risk activity and steps should be taken to eliminate the risk involved.
- Educate employees about the dangers of overconfidence. When we have performed certain job tasks over and over, day in and day out, we begin to think that an accident could never happen to us—after all, we’re highly experienced in this particular task. Unfortunately, this type of thinking can lead to sloppy or improper procedures, or to distraction or daydreaming during the task making the situation ripe for an accident. When safety procedures are ignored, all workers are endangered, so a casual attitude toward safety rules is never good.
- Caution workers about taking shortcuts. Most of us take shortcuts during tasks we are familiar and comfortable with, however in some cases these shortcuts can lead to unsafe conditions, which in turn lead to an increased chance of injuries. Map out whether implementing a time saving idea will in any way compromise safety, then determine if it’s really worth it. It’s also important to limit the mental distractions in the workplace, as focus is important in avoiding injuries.
- Emphasize that instructions are there for a reason. Some workers routinely neglect to read instructions for a new machine or procedure. Others are intimidated about asking for better verbal instructions, and end up “winging it” rather than asking for clarification. New employee training is essential in the prevention of accidents. While a person who has been in the company for some time considers the tasks easy or routine, a new person has no knowledge of the procedure and can end up either being in an accident or causing an accident due to lack of proper training.
- Always keep the work space neat and clean. Poor housekeeping is the cause of a tremendous amount of workplace accidents. Trips and falls over a box left in the way, or a chair which is out in the walk place can cause serious injuries. Everyone in the workplace should be well-trained on the importance of keeping everything tidy.
Components of a Good Safety Program
Every workplace should have a comprehensive safety program in place which has the support and involvement of top management. Specific job descriptions should be in place, and, if warranted, physical examinations for certain jobs. There should always be a comprehensive policy detailing the company’s commitment to safety, and employees should have the opportunity to offer input regarding safety in their workplace.
Contacting an Attorney
Should you suffer a workplace accident which causes serious harm or injury, you should immediately notify your supervisor, and seek medical attention. Most all accidents which occur at work are covered under Worker’s Compensation, however there are specific procedures and time limits you must follow in order to collect. If your employer is not being cooperative in helping you file paperwork regarding your workplace injury it is imperative that you contact a knowledgeable Worker’s Comp attorney immediately who can counsel you on your options for proceeding with a claim in order to receive compensation for your injuries.
Workers Compensation Claims: 1-800-734-3771, 913-681-5566, or 816-966-0099
Contact Mike Lawless today to discuss your workers’ compensation initial claim or denial with an experienced lawyer. We offer a free initial consultation, with evening and weekend appointments available.
Tags: Overland Park Workers compensation attorney, Overland Park Workers compensation attorneys, Overland Park Workers compensation lawyer, Overland Park Workers compensation lawyers
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July 29th, 2011
Many of our workplace occupations include some form of heavy lifting, or standing on your feet day after day, both of which can place substantial strain on your back. Let’s face it, even those of us who spend eight hours a day in front of a computer are subject to back pain and injury. Whether your resulting pain is a dull ache which never seems to subside, or a sharp stabbing pain which make it difficult or impossible to manage your day-to-day activities, back pain is one of the most pervasive forms of workplace injury.
Statistics on Back Pain and Injury in the Workplace
Back injuries are believed to be the second most-cited reason for taking time off from work, following claims of a cold or flu. It is estimated that a whopping 80 percent of adults will experience a work-related back injury during their lifetime, a statistic that has caused OSHA to release guidelines for preventing such injuries by incorporating ergonomics. About a fourth of all occupational injuries which cause the employee to take time away from work are related to back pain or injury, with healthcare workers being almost five times more likely to suffer from overexertion injuries than any other type of worker. In fact, six of the top ten professions who are at the highest risk for suffering an injury to the back are some type of healthcare worker. Nurses, who are required to manually move patients show the highest incidence of back strains and injuries.
How Does Back Pain or Injury Occur in the Workplace?
Aside from nurses who must lift and move patients, what are the primary ways back pain and injury occurs in the workplace? Of course the most obvious factor involving back injuries in the workplace encompass lifting or moving heavy objects. Generally speaking, at least for employees of smaller companies, when something needs to be lifted or moved at our workplace, there is little choice but to do it ourselves. The problem lies in the fact that most of us are not well-educated on the proper way to lift heavy objects or to move such things as large boxes or furniture. One wrong turn while lifting or moving can strain the muscles in your back, leading to minor or more serious injury.
Repetition is another “biggie” in workplace back injuries or chronic pain. Often our workspace is not set up in the most ergonomic manner, therefore we find ourselves over-reaching, or chronically stretching our range of motion. Awkward body postures which are chronic are also a cause of back strain and pain. Your mother was correct when she told you to “stand up straight,” as slouching not only exaggerates the curve of your back, but also leads to muscle strain or more serious injury. Finally, we are a nation packed full of high stress levels. This stress can lead to muscle tension which in turn can worsen already present back pain.
Tips for Reducing the Incidence of Back Pain or Injury
Because repetition, stress, poor posture and heavy lifting or moving are present in many of our jobs, the key to avoiding back pain and injury may lie in prevention measures. Make sure your work environment closely follows all OSHA guidelines for safety. Your workplace should consistently be free of trip hazards, and there should be no slippery floors to contend with. If you are required to do a fair amount of walking, invest in supportive shoes which can minimize the strain on your feet, knees, hips, and, of course, your back. Never lift or move an item which is too heavy, and use your common sense in this determination. Lift with your knees, taking care to maintain the natural curve of your back.
Minimize Workplace Stress
To minimize the workplace stress on your back, stay physically active and maintain a healthy weight. Participating in strength-training exercises at least twice per week can make you much less susceptible to a serious back injury. Consider ergonomics if you spend all day in front of a computer. Sometimes you can rearrange frequently used office items in a way that will prevent repetitive motions and awkward positions. Check your posture frequently, reminding yourself to sit up straight, and if you stand for long periods of time, try resting one foot on a short stool or box. A really good office chair can be crucial for those who must sit all day. Try taking a short break in which you walk around the building for at least five minutes each hour of the day.
If you find that, despite your best efforts, you have suffered a serious injury at your place of work, find a personal injury or worker’s comp attorney who is well-versed in these type of injuries in order to protect your rights, both present and future.
Workers Compensation Claims: 1-800-734-3771, 913-681-5566, or 816-966-0099
By state law, employees are entitled to replacement of wages and payment of medical expenses directly relating to a qualifying injury. We have a solid record of securing rightful benefits for all types of work-related injury, including workplace or vehicle accidents, lifting injuries, repetitive work injury, and stress-related disability.
Because we practice in both states, we can advise Kansas residents who live or were hired in Missouri, and vice versa, on the best jurisdiction to file a claim. For instance, Kansas pays lower weekly benefits for total temporary disability than Missouri, but unlike Kansas, repetitive based carpal tunnel syndrome claims are not viable in Missouri at this time.
Contact Mike Lawless today to discuss your workers’ compensation initial claim or denial with an experienced lawyer. We offer a free initial consultation, with evening and weekend appointments available.
Call for a free consultation at 1-800-734-3771, 913-681-5566, or 816-966-0099
Tags: Kansas City Workers Comp Attorney, Kansas City Workers Comp law firm, Kansas City Workers Comp lawyer
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June 23rd, 2011
Most employers take every precaution to protect the health and well-being of their employees. Unfortunately, in spite of their best efforts, accidents, injuries and illness still occur in the workplace. Federal and state laws outline the responsibilities and obligations of employers in these events, as well as the rights of injured employees. Know those rights and act promptly to ensure you receive the medical attention and compensation that are rightfully yours.
You have the right to seek medical attention following an accident in the workplace. People sometimes delay or refuse seeing a doctor out of fear of repercussions from their employer. In fact, law prohibits an employer from taking any action against an employee for reporting or seeking medical attention for a workplace injury or for filing a workers compensation claim. See a doctor following an accident, even if you think you are alright or that the injury is not severe. Symptoms of injuries sometimes surface hours or days after an accident. Failing to see a doctor could jeopardize receiving benefits to which you are entitled.
You have the right to whatever treatment is necessary to heal a workplace injury. There may be restrictions on which doctors you can consult, so be sure to report the accident immediately and ask for instructions on how to obtain medical care. Follow the doctor’s instructions, get all tests, treatments and therapy that are ordered, and show up for any scheduled follow-up visits to the doctor.
You have a right to compensation during the time you are convalescing. Depending on the state in which you live, these payments may be called workers comp, disability payments, indemnity, or income replacement. The payments should be made to you until your doctor clears you to return to work.
If you are permanently disabled as a result of an occupational injury, you have a right to vocational counseling and retraining. Your employer will have to provide a vocational counselor to help you explore alternative work that is within the limits of your capabilities.
You have the right to seek legal counsel if you feel any of the benefits due you are being withheld. If your employer fails to provide timely responses to your inquiries, denies you medical attention, tries to talk you out of filing a claim, takes punitive action against you for reporting the accident of filing a claim, or if your claim is denied, contact an attorney with experience in workers comp and personal injury law. He or she can review your case and recommend a course of action to help you receive the benefits to which you are entitled.
Call our law firm to discuss you legal rights under the law to obtain worker compensation by speaking with a Kansas City workers compensation attorney about your case. We can help, call us today.
Tags: Kansas City Workers Compensation attorney, Kansas City workers compensation attorneys, Kansas City Workers Compensation lawyer
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June 5th, 2011
Every day, each one of us goes off to work. We worry about traffic, workload, meetings etc., along with what we have obligated ourselves to after the work day and week has ended. We work to sustain and maintain a lifestyle. Seldom, do we ever think about getting injured at work, injured to the point of possible disability. Just think about that for a minute. . . . . . . Ok, now that you’ve thought about it, what would you do if your workers compensation claim was denied? Oh, so you think it “can’t” be? Well, it happens and it happens all the time. Due simply to lack of guidance and the knowledge of the victims rights people suffer when compensation is available. Legal advice is available to you, do not hesitate another moment before making a call that can easily improve the situation for the injured victim.
In April of 2011, the Governor of Kansas signed into law H.B. 2134. This is the first reformation of the states workers compensation law since 1993. The new law is seemingly a compromise between companies and their employees. Listed below is an overview of H.B. 2134:
* Ends payment of unwarranted claims by raising the minimum required for an incident to be compensable;
* Overturns court decisions that eroded the workers compensation system;
* Clarifies that employers are entitled to a credit for pre-existing conditions; and
* Increases benefit caps for injured workers who have lost the ability to work.
What does this mean to you? Once you have been injured on the job it is imperative you become immediately aware of your rights. Without knowledge and the proper legal guidance it is impossible to receive what you are entitled to and for any extended amount of time. Under the Kansas Workers Compensation Act, the burden of proof is on the victim to prove their right to compensation and to prove the various conditions these rights depend upon. The whole picture is viewed when deciding whether the injured victim has satisfied the burden of proof.
Mike Lawless can advise on whether to bring a claim and provide the best legal advice. At Lawless law firm we work diligently with doctors and taking any and all legal action necessary to obtain compensation for injured or disabled victims. We will work for the victim in claims and denied claims to get the compensation you deserve. Let us maximize results and get you what you deserve and are entitled to by law. Let us guide and help you, with our experience and knowledge, in making certain that your rights and your family are protected and taken care of. You cannot and should not do it alone. Call our Kansas City Workers Compensation lawyer today at 1-800-734-3771 for a free consultation! We are ready and waiting. We will gladly schedule weekend or night appointments to meet your working needs.
Tags: Kansas City Workers Compensation attorney, Kansas City Workers Compensation law firm, Kansas City Workers Compensation lawyer, Kansas City Workers Compensation lawyers
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May 10th, 2011
Any Lenexa resident or other resident in the Kansas City area who is involved in a serious Kansas auto accident is likely to be overcome with stress and anxiety. If a driver suffers serious injury in a car accident, the auto accident victim may be suffering from serious injuries that may make it difficult to focus on what needs to be done to preserve one’s legal rights and avoid jeopardizing one’s claim for compensation. While legal and insurance concerns may not seem important when dealing with serious injuries, a successful and prompt resolution of these issues may be necessary in the face of significant medical expenses, lost income and other financial challenges. There are certain steps that should be taken following a Kansas car accident to preserve a person’s right to financial compensation. We have provided an overview of the important things that you can do following an auto accident to preserve your rights to financial compensation.
- Make Sure Everyone Is Out of Danger: The first order of priority following a car accident is to make sure that everyone is out of the zone of danger. Following a serious car accident, a driver should call 911 if anyone is hurt or there is significant vehicle damage. A disabled vehicle or pedestrian in the roadway can mean people remain in danger even following the car crash. It is critical to put out flares or warning signals and try to get vehicles out of the roadway. If it can be done safely, anyone who might be in danger should be moved to safety.
- Gather Evidence or Preserve Witnesses: If the police are summoned to the scene of a car accident, the officer will investigate and may interview you. If you observed evidence that suggests negligence by the other driver, such as alcohol on the driver’s breath, speeding by the other driver or similar conduct, you should inform the investigating officer. If there were witnesses to the accident, it is a good idea to get contact information for the witnesses and inform the investigating officer. A car accident victim should also take pictures of vehicle damage, any evidence of injuries, the accident scene and surrounding area. Because most people are fairly shaken following an accident, it is also advisable to keep a journal to help you remember what happened.
- Seek Medical Treatment and Evaluation: If you are injured and paramedics are summoned to the scene, you should let them examine you. Many car accident victims refuse medical attention or do not follow-up with their doctor because they believe that they have not been seriously injured. This can be a decision with serious long-term repercussions. Sometimes very serious injuries including traumatic brain injuries, severe spinal or neck injuries and other serious injuries are not obvious immediately after an accident. Sometimes even fractures and broken bones can be masked because the shock of being involved in a traumatic car crash may make it difficult to fully appreciate one’s injuries. If you do not obtain a medical evaluation or follow through on treatment, the insurance company may argue that your injuries were not caused by the accident.
- Seek Legal Advice: Many people are pleasantly surprised when the other driver’s insurance adjuster calls. The adjuster may be friendly and even offer to cut you a settlement check. Frequently, an auto accident victim will discover that their medical costs, injuries and long-term consequence far exceed any such settlement offer. When an insurance company offers to settle a claim, they will typically ask that a general release be signed that may prohibit you from going back and seeking damages for subsequently discovered injuries. You should never settle an auto accident claim or even talk with the other driver’s insurance company until you have obtained legal advice from an experienced Kansas personal injury attorney.
Michael R. Lawless, Attorney at Law, has been representing car accident victims throughout Kansas for over 27 years. If you have suffered serious injury or the loss of a loved one, you may be entitled to compensation for your injuries or loss. A Kansas City accident attorney from our law firm can represent auto accident victims who suffer serious injuries. If you or a loved one has suffered injury in a Kansas or Missouri car accident, call us today at 1-800-734-3771 for your free no obligation initial consultation.
Tags: Kansas City Accident Attorney, What to Do Following a Kansas Auto Accident
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May 9th, 2011
Sports utility vehicles (SUV’s) are among the most popular vehicles due to their functional benefits as a family vehicle, but they also have design defects that compromise the level of protection they offer motorists. SUV vehicles are notorious for their high incidence of rollover accidents. Attributes of SUV’s that increase their risk of rollover accidents include their weight, size and high center of gravity.
These contributing factors are also examples of design flaws and defects that may place the safety of others at risk of a serious Kansas auto accident. The manufacturer of the automobile, the manufacturer of its parts, and other parties potentially may be liable in the event of an automobile collision caused by such defects.
Product liability law involves a defect in the design, manufacturing or marketing of a product that results in injury or wrongful death of an individual in a product defect related accident. Consumers purchase automobiles with a good faith expectation that they are reasonably safe and free from defects that may cause a car crash or more serious injury in a collision. Most consumers never consider the possibility that their vehicle has a product defect when they purchase it. However, most product defects are not apparent at the time a vehicle is purchased but manifest themselves only under certain driving conditions or over prolonged use of the vehicle. Manufacturers of automobiles and of defective parts can be held responsible for the resulting injuries if the defect of the automobile proximately causes an auto accident resulting in injuries or wrongful death.
There are several types of defects that may be associated with an automobile collision including design defects, manufacturing defects and marketing defects. A design defect, such as the design flaw in sports utility vehicles that tend to contribute to SUV rollovers due to a combination of weight, size, and speed, is a defect that can be determined by the design plans, such as the engineering plans used to develop and assemble the vehicle.
The Ford Pinto provides the classical example of a design defect in a motor vehicle. These vehicles had a design defect which caused the rupture of fuel systems in Ford Pinto’s that resulted in fuel tank explosions when the vehicles were involved in rear-end accidents. Pintos were already on the assembly-line during the rear-end crash tests that revealed this very serious defect.
The automaker continued the manufacture and distribution of automobiles because they determined that it was cheaper to pay the lawsuits for those that were seriously injured or killed than to re-tool and correct the manufacturing defect. This lawsuit became the classic case for imposing punitive damages on a product manufacturer that knowingly allows an unsafe product to enter the market and treats serious injury or wrongful death to buyers as a cost of doing business.
The next type of product defect that can cause severe injury to consumers involves defects in the manufacture process while assembling the vehicle. Vehicles may exhibit a manufacturing defect with or without a design defect and may result in strict liability for damage on the manufacturers or the assemblers of the automobile. Manufacturing defects can result in brake or tire failure, poor handling that causes the driver to lose control of the vehicle and suspension system failures. Any time an automobile part fails, the driver is at risk of potential accidents from losing control of the vehicle, compromising the driver’s safety.
Design, manufacturing, or assembly defects place users at risk of a dangerous collision in motor vehicles including SUV’s especially when there were no warning provided to consumers of any risk associated with the vehicle. Other types of defects includes seat-belt malfunctions, failure of door latches, defects associated with airbags, and other types of design and manufacturing defects.
Failing to warn consumers of potential hazards and dangers of an automobile can also leave companies subject to a potential product liability claim. One particular method of warning involves a product recall that provides notice to car dealers and consumers regarding potential hazards of vehicles.
Defective motor vehicles can cause devastating accidents that result in serious injuries ranging from broken or fractured arms, legs, or hips to permanent disability or paralysis. If you or a loved one has been injured by a defective vehicle or car part which caused an accident or caused more serious injuries, a Kansas City accident lawyer from our law firm can review your case free of charge and will provide an honest assessment of your chance of receiving compensation.
Call us today for your free initial consultation at 1-800-734- 3771. Michael R. Lawless, Attorney at Law, P.C, provides personal injury representation in eastern Kansas and western Missouri, including the communities of Overland Park, Olathe, Lenexa, Shawnee, Merriam, Mission, Roeland Park, Westwood, Fairway, Prairie Village, Lawrence, Topeka, Gardner, Kansas City, Grandview, Harrisonville, Belton, Pleasant Hill, Clinton, Lees Summit, Raytown, Peculiar, Lawrence, Strasburg, Freeman, and Garden City.
Tags: Dangerous Design Defect Accident in Kansas City, Kansas City accident lawyer
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April 6th, 2011
Toyota has been hard hit by issues involving sudden unanticipated acceleration accidents involving its vehicles. A new recall was recently announced that covers an additional 2.2 million vehicles linked to potential unintended sudden acceleration issues. These accidents have been variously linked to sticky accelerator pedals, defective floor mats and faulty electronics. The issue of unintended acceleration accidents associated with Toyota vehicles first became prominent in the wake of a 2009 fatal car crash involving a Highway Patrol Officer in San Diego who was killed when his vehicle accelerated to speeds in excess of a hundred mph. The family of the San Diego victims settled a wrongful death lawsuits with Toyota for $10 million. New legislation is now being discussed in Congress, which may help reduce the risk of sudden acceleration collisions by increasing certain safety standards that apply to auto manufacturers.
If you have been seriously injured or have lost a loved one in a serious car accident in Missouri or Kansas, you may be entitled to compensation for your injuries. At the law firm of Michael R. Lawless P.A., Attorney at Law, we have been representing those seriously injured in serious car accidents in Kansas and Missouri since 1980. As advocates for those injured by defective motor vehicles, we welcome the proposed legislation, which may help make Kansas and Missouri residents on our roadways safer.
Two specific legislative changes are being proposed that would have a significant impact on Kansas auto accident lawsuits. The first change being proposed would require installing an apparatus that gives an automobile braking system priority over its accelerator. This change is a response to the massive recalls and growing number of accidents linked to sudden unintended acceleration accidents. Many victims involved in these accidents have indicated that their vehicle continued to accelerate out of control despite desperate attempts to depress the brakes.
In theory, this safety improvement seems to make sense, but some contend that the requirement could be a double-edged sword. If automakers implement such a system, it means that one’s car will respond differently and may increase car accident risk because drivers are not prepared for how their car responds in such a situation.
The other change that is being considered is to mandate data recorders that would record valuable information that could be used to provide critical information about braking, acceleration and speed that might be critical when the facts are in dispute regarding how an auto accident occurred. Because there will be objective data to substantiate disputed testimony regarding the cause of such unintended acceleration accidents, the change could mean that Kansas auto accident cases may settle more quickly or litigation may be avoided entirely where there is little question of liability.
Our experienced Kansas City auto collision lawyers will continue to follow this legislation closely because of the significant impact it could have on Kansas auto accident litigation. Our law firm continually implements the most current technology and most recent developments in the law so that we can devise the most effective legal strategy for our clients. If you or your loved ones are involved in a serious Kansas auto accident, an experienced Kansas City car accident lawyer carefully investigate the circumstances of our clients’ cases and employ state of the art litigation technology to help obtain the best possible results for our clients.
We will discuss your case free of charge and will provide an honest assessment of your chance of receiving compensation. If you or a loved one has been injured in a car accident in Kansas or Missouri, call us today for your free initial consultation at 1-800-734- 3771. Michael R. Lawless, Attorney at Law, P.C, provides personal injury representation in eastern Kansas and western Missouri, including the communities of Overland Park, Olathe, Lenexa, Shawnee, Merriam, Mission, Roeland Park, Westwood, Fairway, Prairie Village, Lawrence, Topeka, Gardner, Kansas City, Grandview, Harrisonville, Belton, Pleasant Hill, Clinton, Lees Summit, Raytown, Peculiar, Lawrence, Strasburg, Freeman, and Garden City.
Tags: Injured in a Car Accident in Kansas or Missouri, Kansas City auto collision lawyers, Kansas CIty car accident lawyer
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April 3rd, 2011
Delayed-symptom injuries in automobile accidents are common, and the effect of a motor vehicle collision on the human body may not be immediately known. While some serious car accidents involve injuries that obviously require immediate medical attention, others may involve hidden injuries that do not surface until after the accident. In these instances, a Kansas auto accident victim may not immediately notice that he or she even has an injury following a car crash and only discover later that he or she has potentially serious symptoms.
Commonly reported symptoms or injuries that may not become apparent until sometime after a Kansas City car accident include:
- Whiplash
- Concussion
- Headaches
- Vision problems
- Internal bleeding
- Sprains
- Back pain
- Traumatic Brain Injury
Individuals who are involved in a car crash should make sure to visit a medical professional if they experience any pain, problems with mobility, or health problems as soon as possible. These types of delayed-symptom injuries occur in car accidents because of the sudden back and forth motion the body is subjected to upon impact with another vehicle or a stationary object. The force of an abrupt stop is traumatic on one’s body, and the damage it causes can be quite extensive.
Delayed-symptom injuries are one reason an experienced Kansas auto collision attorney will advise you to seek a thorough medical evaluation before settling a claim. Many times an insurance adjuster will try to settle a car crash claim quickly after the accident if you tell the adjuster that you have no injuries. If you settle with the insurance company, the adjuster will typically ask you to sign a general release that waives all past, present and future claims including claims related to injuries that you do not even know exist. If you suffer a delayed-symptom injury and settle the claim before the symptoms become obvious, you may not even receive enough compensation to cover your medical expenses. This can devastate a family financially and even result in bankruptcy.
For example, a compression fractures of the spinal column is a serious delayed-symptom injury that results in a compressed or crushed vertebrae in your back. This is a fairly common injury in rear-end collisions or when your vehicle crashes into a non-moving automobile or object. After this type of collision, the car crash victim may simply feel sore at first, but after a period of time the pain may steadily increase to a debilitating level.
Without treatment, delayed injuries can damage the joints, discs, spinal cord, muscles, nerves and ligaments in your back and/or neck. Your injury can even result in a permanent life-long disability. At the law firm of Michael R. Lawless P.A., Attorney at Law, we have seen the potentially tragic consequences when a Kansas auto accident victim does not seek immediate medical treatment. Sometimes the delay in treatment results in a poor prognosis or creates obstacles to a car accident victim’s personal injury lawsuit. If you are involved in a serious Kansas auto collision and suffer serious injury or lose a loved one to wrongful death, our law firm has been helping car crash victims in Kansas and Missouri since 1980. A Kansas City car accident attorney from our office offers zealous advocacy to those who suffer injury resulting from the negligence of third parties throughout Kansas and Missouri. If you or a loved one has suffered injury in a Kansas or Missouri car accident, call us today at 1-800-734-3771 for your free no obligation initial consultation.
Tags: Kansas Auto Accidents, Kansas City car accident attorney
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March 12th, 2011
Anyone who has ever worked in the construction trades knows that a construction site is a dangerous work environment that can result in catastrophic injuries and even wrongful death. There are approximately 150,000 construction site accident injuries each year with one in ten construction workers suffering a workplace-related injury. Construction has long been the most dangerous workplace setting for workers with over 1,200 construction workers suffering fatal accidents in a typical year. While there are a multitude of dangerous hazards at a typical construction site, dangers posed by heavy machinery are one of the most serious hazards. Construction workers must deal with dangerous heavy machinery on a daily basis including power tools, bulldozers, cranes, forklifts, and dump trucks.
Because of the danger posed by heavy machinery on a construction site, construction workers must pay extra attention around such equipment. It is important to make sure that heavy machinery is functioning correctly and kept well maintained. Industrial work-related injuries rank third amongst the most common types of workplace injuries. Eighty percent of such accidents result from the use or operation of heavy machinery and equipment. Not only are construction accidents involving heavy machinery common, but they also tend to result in very severe injuries or even wrongful death because of the size, weight and power of such machinery.
A construction worker who uses heavy equipment can take certain basic precautions to avoid being involved in a serious construction accident including the following:
- Immediately cease using heavy equipment that is not functioning properly
- Put management on notice of any heavy equipment that is malfunctioning
- Always wear safety equipment including a hard hat, goggles, work boots, reflective vests
- Always avoid walking on areas that have elevated machinery carrying a weighty load without strong and solid support
- Keep the construction site clear of unauthorized personnel who are unfamiliar with construction workplace hazards
The sheer size of the equipment itself makes a construction workplace more dangerous. Other factors that often play a role in construction accidents involving heavy equipment and machinery include inadequate company training, co-worker negligence, defectively designed or manufactured machinery, or poorly maintained equipment. Statistics show that some construction, landscaping, and farm equipment also is more commonly involved in causing injuries resulting from heavy machinery accidents. Specifically, machinery manufactured by John Deere, Case, Chase Bobcat, Caterpillar, and Volvo has caused catastrophic injuries and fatalities in recent years.
Our Kansas City area personal injury law firm represents workers from a broad spectrum of industries and occupations, including the construction, agriculture (farming) and manufacturing industries whom have been injured by heavy machinery on the job site. We are prepared to represent you and seek compensation for serious injuries such as third-degree burns, amputations, brain injuries, spinal cord injuries and other serious injuries caused by any heavy machinery including cranes, backhoe loaders, dump trucks, excavators, forklifts, front end loaders, pavers and tractors.
If you or someone you love has suffered serious injuries or wrongful death caused by a heavy machinery accident, an experienced heavy machinery attorney can help you and your family obtain the legal compensation that you deserve.
Michael R. Lawless, P.A., Attorney at Law provides a free consultation, including evenings and weekends by appointment, at our Lenexa, Kansas or Grandview, Missouri offices. Our office in Lenexa is off of I-35 from 87th or 95th in Old Town at 93rd and Pflumm. Our Grandview office is conveniently located at the main street exit off of 71 Highway, next to Captain D’s. Call Kansas City personal injury lawyer Michael Lawless today at 1-800-734-3771, 913-681-5566 or 816-966-0099.
Tags: construction accidents in Kansas City, Kansas City Personal Injury Lawyer
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